DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities:
In paragraph 0049, line 4, “FIG. 3” should be “FIG. 4”;
In paragraph 0052, line 7, “FIG. 4” should be “FIG. 5”;
In paragraph 0057, line 4 and paragraph 0058, lines 1, 2, 9, 11 and 12, “valve body 156” should be “valve body 156a” (see, for example, paragraph 0057, lines 2 and 5 wherein the “valve seal 156” and “valve body 156a” are recited);
In paragraph 0059, line 4, “110” (first occurrence) should be “110a”;
In paragraph 0061, line 3, “is” (second occurrence) should be deleted;
In paragraph 0062, lines 4 and 7, “spud connector 120” should be “spud connector 172”; and
In paragraph 0066, line 8, “valve 156” should be “valve seal 156”.
Appropriate correction is required.
Claim Objections
Claims 8-11 and 15 are objected to because of the following informalities:
In regard to claims 8 and 15, a retaining ring is recited as defining a valve seat which seals with the valve seal, however, the only “retaining ring” defined in the Example Embodiments (i.e., the Detailed Description) is retaining ring 164 (see paragraph 0055, line 4 and paragraph 0057, line 9 and Figure 3A). Retaining ring 164 does not define the valve seat 160 which seals with the valve seal 156 as recited in claim 8.
In regard to claim 9, similarly, the retaining ring is defined as being retained in the fluid passageway between the handle and transverse portions of the nozzle, however, viewing Figure 4, the retaining ring 164 appears to be located in the transverse portion of the nozzle and not “in a region between the handle portion and the transverse portion” as claimed.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6, 12, 13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticpated by FR 2714900 (as cited by the Applicant, hereinafter ‘900.
In regard to claim 1, the ‘900 reference discloses a fluid delivery nozzle comprising:
a housing (see Figure 1) with a handle portion defining inlet 4 and a transverse portion 12 defining an outlet, the transverse portion extending transversely to the handle portion, the housing defining a fluid pathway between the inlet and the outlet;
a primary valve 20 in the handle portion and manually operable between an open position and a closed position; and
a secondary valve 24 in the housing, the secondary valve positioned downstream of the primary valve and operable between an open position and a closed position, the secondary valve comprising:
a shaft 28 fixedly retained in the transverse portion of the housing;
a valve seal (defined by the portion of valve 24 which contacts valve seat 30 and encloses a portion of spring 29) movable along the shaft; and
a spring 29 arranged to bias the valve seal towards the closed position.
In regard to claim 2, the secondary valve is configured to move to the open position in response to liquid in the fluid pathway exerting a force on the valve seal when the force exceeds a pre-determined threshold.
In regard to claim 3, the inside of the housing defines a valve seat 30 and in the closed position, the valve seal forms a liquid tight seal with the valve seat.
In regard to claim 6, the secondary valve comprises a valve body (defined by the end portion of valve 24 adjacent hub 60) movable along the shaft wherein the valve seal (as defined above) is mounted on the valve body.
In regard to claim 12, the ‘900 reference disclose a valve assembly for a fluid delivery nozzle, the valve assembly comprising:
a shaft 28 extending between a distal end portion and a proximal end portion;
a valve seal (defined by the portion of valve 24 which contacts valve seat 30 and encloses a portion of the spring 29) configured to be installed on the shaft and movable along the shaft when installed; and
a hub 60 with a central body defining an opening configured to receive the distal end portion of the shaft; and
a spring 29 configured to be installed on the shaft between the hub and the valve seal, wherein in the installed position the spring is arranged to bias the valve seal toward the proximal end portion of the shaft.
In regard to claim 13, the valve includes a valve body (defined by the end portion of valve 24 adjacent hub 60) slidable along the shaft wherein the valve seal (as defined above) is installed on the valve body.
In regard to claim 16, the valve assembly comprises
a nozzle housing having a handle portion with an inlet 4 and a transverse portion 12 with an outlet, the transverse portion extending transversely to the handle portion, the housing defining a fluid pathway between the inlet and the outlet;
wherein the nozzle housing is configured to receive the valve assembly in the transverse portion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over’900.
In regard to claims 7 and 14, although the ‘900 reference does not disclose the valve seal is made from one of the claimed materials, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the valve seal in the ‘900 device can be made from any suitable and known material, including those claimed, without effecting the overall operation of the device, especially since the Applicant has not disclosed the particular material used to make the valve seal is critical to the overall operation of the device and the ‘900 reference in no way limits the material which may be used to make the valve seal.
Allowable Subject Matter
Claims 19-22 are allowed.
Claims 8-11 and 15 would be allowable if rewritten to overcome the objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 4, 5, 17 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Gray et al. and Carmack et al. references are cited as being directed to the state of the art as teachings of other fuel nozzles having an anti-leak secondary valve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
11/25/25
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754